Explanatory Statement
Civil Aviation Regulations 1988
Exemption for operations into Lord Howe Island — Qantaslink
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make Regulations for the Act in the interests of the safety of air navigation.
Under regulation 308 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) of CAR 1988 provides that CASA can impose conditions necessary in the interests of safety.
Subregulation 235 (2) of CAR 1988 provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions setting out how to determine the maximum take‑off and landing weights of an aircraft. These are given by paragraph 4.1 of Civil Aviation Order 20.7.1B (CAO 20.7.1B), which provides for the determination of take-off weight limitations, paragraph 5.1 which provides for the determination of landing weight limitations and paragraph 11.1 which provides for the landing distance required.
The exemption applies only to the requirements of subparagraphs 4.1 (a), (b) and (c) of CAO 20.7.1B to allow the runway end safety area (RESA) at Lord Howe Island Aerodrome to be taken into account when calculating the length of runway available for take-off.
RESA is an area symmetrical about the extended runway centreline and beside the end of the strip, primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway. Generally, a RESA cannot be taken into account in the length of runway available for take-offs. It must be available in case of a need for extra distance in landing or taking off. Its bearing strength is often less than the bearing strength of the runway.
The exemption applies only to the operations of DHC8-200 aircraft by Eastern Australia Airlines Pty Limited (EAA) and Sunstate Airlines (Qld) Pty Limited (SSA). EAA and SSA are related companies and are referred to collectively as Qantaslink. The exemption is subject to conditions relating to the operation of the aircraft.
At Lord Howe Island, the RESAs are constructed to an equivalent standard to the runway. It is, therefore, acceptable for the departure end RESA to be used for take-offs, and is a safety enhancement that provides for more runway length than would otherwise be available. The exemption allows the RESA to be used for this purpose. It also contains particulars of the relevant Runway 10/28 requirements to ensure the safety of the operations under the exemption.
Two instruments of exemption, CASA EX41/07 and CASA EX19/08, were previously issued to EAA and SSA for the same purpose. They contained almost identical conditions. At the request of the airlines the 2 exemptions have been revoked and are replaced by the single exemption. The exemption omits references in the revoked exemptions to the DHC8-100 aircraft. That aircraft is no longer operated by EAA or SSA.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares such an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been specifically requested for both the airlines referred to. It also replaces previous instruments that applied to the same airlines.
The instrument commences on the day after it is registered and stops having effect at the end of 31 August 2011.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX65/09]